COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                         COUNTY OF CUYAHOGA
                             NO. 70246
                                   :      ORIGINAL ACTION
STATE OF OHIO, EX REL.             :      
CLARENCE W. ROUSE                  :
                                   :       JOURNAL ENTRY
          Relator                  :
                                   :            and
     -vs-                          :
                                   :          OPINION
COMMON PLEAS COURT,                :
CLERK OF RECORDS                   :
                                   :
          Respondent               :
                                   :
                                   :
DATE OF ANNOUNCEMENT 
OF DECISION:                       SEPTEMBER 17, 1996
CHARACTER OF PROCEEDING:           WRIT OF MANDAMUS
JUDGMENT:                          Writ dismissed.
DATE OF JOURNALIZATION:            __________________________
APPEARANCES:
For Relator:                       For Respondent: 
CLARENCE W. ROUSE, pro se          STEPHANIE TUBBS JONES, ESQ.
No. 208-048                        Cuyahoga County Prosecutor
P.O. Box 788
Mansfield, Ohio  44901             CAROL SHOCKLEY, ESQ.
                                   Assistant County Prosecutor
                                   The Justice Center
                                   1200 Ontario Street
                                   Cleveland, Ohio  44113
                               - 2 -
KARPINSKI, P.J.:
     Relator avers that  he has made  a request "to the  Cuyahoga
County Common Pleas Court, Public Recording Services, for copy of
the non-exempt contained in the file  [of his criminal case]" and
"to the  Cuyahoga County Common  Pleas Court - Clerk  of Courts -
Sheriff Depart., Clerk  of Records *** [seeking]  records held by
the Cuyahoga County  Sheriff Department, Common Plea  [sic] Court
Clerk of Court Records, (criminal rap  sheet) of Vicky Linn Brown
***."  (Emphasis  in original.)   Attached to  the complaint  are
copies  of what  purport  to be  relator's  various requests  for
records  addressed to  "Cuyahoga  County Public  Record  Service"
seeking "all information contained in your files" regarding Vicky
Lynn Brown  or merely captioned  "PUBLIC RECORD REQUEST  OF BROWN
LINN VICKY."
     By entry dated April 16, 1996, this court granted the motion
of respondent  for  extension  of  time to  answer  or  otherwise
respond  to May  9, 1996.   Respondent has not,  however, filed a
response.
     We  have  reviewed the  complaint  and its  attachments, and
conclude that it fails to state a  claim upon which relief can be
granted.
          While sua sponte dismissal  of a complaint without
     notice is generally  inappropriate, it is  proper where
     the complaint is  frivolous or  the claimant  obviously
     cannot prevail on  the facts alleged in  the complaint.
     See State ex  rel. Edwards v. Toledo  City School Dist.
     Bd. of Edn. (1995), 72 Ohio  St.3d 106, 108, 647 N.E.2d
     799,  801,  citing  Baker v.  Dir.,  U.S.  Parole Comm.
                               - 3 -
     (C.A.D.C.1990),  916 F.2d  725, and  English v.  Cowell
     (C.A.7, 1993), 10 F.3d 434.
State ex rel. Peeples v. Anderson (1995), 73 Ohio St.3d 559, 560,
653 N.E.2d 371.   For the  reasons stated below, we  dismiss this
action sua sponte.
     Although the requests for records  attached to the complaint
contain an address and other information regarding Ms. Brown, the
requests do not  identify specific  records.   The requests  are,
therefore, overly  broad.   "The  scope  of the  pleading  would,
therefore, be a  sufficient basis for  this court to dismiss  the
complaint."    State ex  rel.  Starr  v. Parma  (Mar.  15, 1995),
Cuyahoga App. No. 66940, unreported, at 3.
     The only record which relator identifies specifically is the
"rap sheet"  mentioned  in  the complaint.    "Rap  sheets"  are,
however  prohibited  from   being  released.     State  ex   rel.
Multimedia, Inc. v. Snowden  (1995), 72 Ohio St.3d 141,  144, 647
N.E.2d 1374.
     Relator  also states in  his complaint that  he appealed his
conviction to this  court and to the  Supreme Court of Ohio.   He
further avers  that "the  requested information  is intrinsic  to
putting  facts  to  the  Parole   Board  Members,  as  Ohio  Post
Conviction  Statute material."    In State  ex  rel. Steckman  v.
Jackson (1994), 70 Ohio St.3d 420, 639 N.E.2d 83,  paragraph 6 of
the syllabus  this court held:   "A defendant in  a criminal case
who has exhausted the direct appeals of her or his conviction may
not avail herself or himself of R.C. 149.43 to support a petition
for postconviction relief."   (Citation deleted.)   Reaffirmed in
                               - 4 -
State ex rel. Larson v. Cleveland Pub. Safety Director (1996), 74
Ohio St.3d 464, 465,  659 N.E.2d 1260.  Plaintiff's  intended use
of these records in a postconviction proceeding likewise provides
a sufficient basis for dismissing this action.
     Although relator  names a  designee to  receive records,  he
does  not aver  that  he has  tendered  payment for  the cost  of
copying the records.   We have  held previously that a  relator's
failure  to  allege  that  he  tendered  payment  for records  as
required by  R.C. 149.43 is a basis  for dismissal.  Sherrills v.
State (May 30, 1991), Cuyahoga App. No. 61604, unreported.
     Accordingly, relator's  complaint is  dismissed sua  sponte.
Relator to pay costs.
     Writ dismissed.
JAMES D. SWEENEY, J., and  
DYKE, J., CONCUR.          
.